Annual Meeting Quorum? NO Show??

What if you cannot get quorum, after 2 meetings?
We need 1/3 votes and did not get that amount, then had another meeting 30 days later with no quorum met.
Now what! This is a horrible cycle,this is just for one vacancy. Can we just
roll that person over. If the homeowners do not come after two mailouts
What am I to do?

Our vacancy by laws

I was reading other thread very similar and got mixed up as to
the statues verses our documents. Should we have a special meeting
and then the board nominate the vacancy?

Penny,

I expect that this is concerning elections. Based on that expectation, I refer you to FL 617.0806 which says [emphasis added]:

617.0806 Staggered terms for directors.—The articles of incorporation or bylaws may provide that directors be divided into classes. Each director shall hold office for the term to which he or she is elected or appointed and until his or her successor has been elected or appointed and qualified or until his or her earlier resignation, removal from office, or death.

Expecting your Association is incorporated as a nonprofit (most are) this statute would apply. Therefore, if you cannot achieve a quorum for any election, the individuals currently serving and previously elected would remain in office until they resign. If they resign, the Board may appoint someone to fill the vacancy.

I would think that after holding two meetings that the Board has done it's due diligence.

Yes it is concerning one position. We have staggered terms for directors as you stated. And it does state that also
"until his or her successor has been elected." We just keep going through this each year for annual meetings/election, we even mailed out
proxies too and I collected some before meeting. I am trying to avoid this every year. Any suggestions? we can only
do mail outs according to our documents and cannot do emails voting.Someone suggested doing another mailout a card to remind everyone
right before meeting, but that just cost more money for our small community, we need 51 to reach quorum and got 30 all together. Last year
we where one vote short! We spent so much time and money last year doing that, creating another meeting paying for location because we do
not have a community center.

I see you used FL corporate non profit statues, instead is that okay? I thought we where only held by the 720 statues. I Thank You for the input.
and appreciate any other advice how to get more votes, we can amend the by laws but our Articles cannot be they require 2/3 votes to change the
quorum.

That is a common mistake made by many Boards.
If you are incorporated (and per FL 720.302 you must be), as a corporation you must also comply with FL Corporation laws.

720.302:

(5) Unless expressly stated to the contrary, corporations that operate residential homeowners’ associations in this state shall be governed by and subject to chapter 607, if the association was incorporated under that chapter, or to chapter 617, if the association was incorporated under that chapter, and this chapter.

Corporate laws typically address procedures. Therefore, if it's a procedural issue (like electing directors) be sure to check both 720 and 617.

720.306 Meetings of members; voting and election procedures; amendments.—
(1) QUORUM; AMENDMENTS.—
(a) Unless a lower number is provided in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members shall be 30 percent of the total voting interests. Unless otherwise provided in this chapter or in the articles of incorporation or bylaws, decisions that require a vote of the members must be made by the concurrence of at least a majority of the voting interests present, in person or by proxy, at a meeting at which a quorum has been attained.

Did you make any attempt to collect proxies?

Tim & Penny - here is an explanation of how 617 went on to become 720.

Q. We are an older association that was formed under FS 617. We would like to change to a homeowner association. What does it take to switch from FS 617 to FS 720, the homeowner statute?
.
A. Forgive me but I do not remember the date, but around 2000 and 2001 the state took FS 617 and split it at FS 617.300 and made FS 720, the HOA Act. If you read FS 720 you will find that it starts at FS 720.300. If you were formed under FS 617, you automatically fall under FS 720 as a homeowner association. I must point out that you still fall under FS 617 (and in a very limited situation maybe FS 607). FS 617 is the statute that the business activities must comply. It is called the Not-For-Profit statute. That does not mean "Non-Profit." Each year the state updates and reprints the statutes. You can download the statute on the state Web page: www.leg.state.fl.us.

If, at an annual meeting, you cannot obtain a quorum you may still do the following:

Provide reports
have an open forum and allow people to have their say
discuss issues

You may not:

Approve minutes
vote on any proposal
vote for directors
make any decision that is needed to be made by the general membership

The result of having no quorum is:

Any Director ending their term stays on the board unless they resign
If the Director resigns, the board may then appoint someone to fill that vacancy (typically this would be from the people who had submitted their names as candidates).

The only thing that may be a real issue that you might not be able to work around is if the budget must be approved by the membership at a meeting where a quorum is present or if membership approval is needed to raise assessments.

Sounds like you did everything just right.

Note: there still needs to be minutes of the annual meeting even if there was no quorum. This protects the Association by showing that there was no quorum and that no business was acted on by the membership.

Penny - the quorum that is required is 30%. Go out and knock on doors to get the proxies.

OH, other years we have at least 20-30 people show up so it helps and with
the proxies collect we get our quorum! I do not know what happened this year, maybe
homeowners do not care, and we have a high rental rate in our HOA so that does not help!!
These last 3 annual meetings have been a struggle! that is why I have been asking
around for advice